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ADVOCACY MATTERS<br />

The Advocates’ Society<br />

SUMMER <strong>2021</strong>


#TASProud<br />

Congratulations to the TAS leaders appointed to the bench<br />

in 2020/21 to serve the justice system after going above and<br />

beyond to serve our members and the work of TAS.<br />

The Hon. Justice Kathleen Erin Cullin, former TAS Board Member<br />

appointed a Judge of the Superior Court of Justice of Ontario.<br />

The Hon. Justice Kristin Muszynski, former YASC Kingston<br />

member appointed as a Judge of the Superior Court of Justice<br />

of Ontario.<br />

The Hon. Justice Alexander Pless, former TAS Board Member<br />

and Quebec Regional Advisory member appointed as a puisne<br />

judge of the Superior Court of Quebec.<br />

The Hon. Justice Roger Chown, former TAS Board Member<br />

appointed as a Judge of the Superior Court of Justice of Ontario.<br />

The Hon. Justice Simon Coval, former Chair of British Columbia<br />

Regional Advisory Committee appointed as a Judge of the Supreme<br />

Court of British Columbia.<br />

The Hon. Justice Marie-Andrée Vermette, former TAS Board<br />

Member appointed as a Judge of the Superior Court of Justice<br />

of Ontario.<br />

The Hon. Justice Lorena K. Harris, former Alberta Regional<br />

Advisory Committee member appointed as a Justice of the Court<br />

of Queen’s Bench of Alberta.<br />

The Hon. Justice Jill R. Presser, former TAS intervention counsel<br />

appointed as a Judge of the Superior Court of Justice of Ontario.<br />

The Hon. Justice Colin C.J. Feasby, former Appellate <strong>Advocacy</strong><br />

Practice Group Secretary appointed as a Justice of the Court of<br />

Queen’s Bench of Alberta.<br />

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What the TWEET is this?<br />

When you see this icon, throughout the publication,<br />

click on it to see what members are tweeting about.<br />

CONTENTS<br />

Chair Chat<br />

Emily Lawrence, Paliare Roland Rosenberg Rothstein LLP<br />

Mentoring Across Differences<br />

Lisa Marie Buccella, Aviva Trial Lawyers<br />

“You Don’t Look Like a Lawyer!”<br />

Megan Keenberg, C.S., Van Kralingen & Keenberg LLP<br />

Participating in the<br />

Modern <strong>Advocacy</strong> Task Force<br />

Featuring Steven Frankel, Davies Ward Phillips & Vineberg LLP, Frédéric<br />

Plamondon, Osler, Hoskin & Harcourt LLP, and Chloe Snider, Dentons<br />

Compiled by Tamara Ramsey, Dale & Lessmann LLP<br />

Interview with incoming TAS President,<br />

Deborah E. Palter<br />

Compiled by Michelle Alton, Tribunal General Counsel<br />

Editor: Tamara Ramsey, Dale & Lessmann LLP<br />

The opinions expressed by individual authors are their own and do not necessarily reflect the policies of The Advocates’ Society.<br />

<strong>Advocacy</strong> <strong>Matters</strong> Editorial Team: Andrew Gibbs, Department of Justice, Christine J. Vanderschoot, Vanderschoot Family Law, Megan Keenberg,<br />

Van Kralingen & Keenberg LLP, Daniel Baum, Langlois Avocats, S.E.N.C.R.L., Ayesha Laldin, Department of Justice, Michelle Alton, Workplace Safety<br />

and Insurance Appeals Tribunal<br />

3


CHAIR CHAT<br />

Chair Chat<br />

Emily Lawrence,<br />

Paliare Roland Rosenberg Rothstein LLP<br />

Now Live! Friends Who Argue - A new TAS podcast jointly<br />

hosted by our Young Advocate and 10+ Standing Committees.<br />

Segments will feature dialogue with the people who get what you<br />

do, as we delve into both the serious and lighthearted aspects of<br />

life as an advocate in Canada. Know a TAS member we should<br />

talk to? Contact Webnesh Haile at WHaile@singleton.com<br />

Thank you to our Technical Sponsor Dentons Canada LLP<br />

for their support in producing this podcast!<br />

<strong>Summer</strong> is upon us. As I take on the reins of the 10+ Committee for the <strong>2021</strong>-2022 term, I am<br />

struck with how much has changed in such a short period of time. As vaccination rates increase<br />

and re-opening talk begins in my city, I have been thinking about when and how our legal community<br />

will re-emerge from the last eighteen months.<br />

This coming year will be one slowly treading back into a new “new normal.” Big and small firms<br />

wrestle through if and/or when to bring lawyers and staff back into the office. I cannot wait until<br />

we are able to meet again in offices, courtrooms, robing rooms and restaurants but I approach the<br />

coming months with optimism and some trepidation.<br />

What are we coming back to? Reconnecting with friends, colleagues, clients and trusted staff,<br />

and returning to the best traditions of oral advocacy, yes. But also new colleagues we have never<br />

met in person; new calls who have never donned their robes and fought the poor acoustics<br />

of a large courtroom. Friends who have lost loved ones in Canada and abroad. Parents who are<br />

broken from home-schooling. Clients who love the benefits of remote representation, and clients<br />

who have been denied justice by backlog and delay. A society that is finally, maybe, reckoning with<br />

Canada’s historical and continuing anti-Black racism, anti-Muslim acts of terror, and the colonial<br />

oppression of Indigenous peoples. A possible fourth wave in the fall.<br />

This year, our Committee will continue our representation of mid-career advocates, the emerging<br />

and future leaders of the profession. We will concentrate our focus on evergreen themes –<br />

networking events, educational programming, speakers’ series on current topics – but all suffused<br />

with an acknowledgement that, individually and collectively, we have been changed by the last<br />

year and a half, in profound and tiny ways. This is a time to gather, share our experiences, fill our<br />

5


cups, and fill in some gaps.<br />

In the coming term, we will continue to focus<br />

on topics relevant to mid-career lawyers, as advocates,<br />

as business owners, as mentors and champions,<br />

and as holders of privilege and power in<br />

our communities. In an age of decreasing court<br />

time, so vividly detailed in TAS’ Modern <strong>Advocacy</strong><br />

Task Force report, our programming will focus on<br />

how to develop positive mentoring and championing<br />

relationships with our more junior colleagues<br />

(remotely and in-person). As the courts<br />

and the legal community negotiate the practice<br />

of advocacy post-pandemic, our Committee will<br />

continue to engage our demographic in topics<br />

relating to the business and management of our<br />

practices as businesses. As mentors, managers<br />

and business owners, we need to advance discussions<br />

about diversity, inclusion and equity within<br />

the legal system, and within our communities as<br />

a whole. We will explore how mid-career lawyers<br />

can be agents of renewal and change. As peers<br />

and friends, we need to acknowledge that this<br />

year has been a period of loss and grief, isolation,<br />

exhaustion, and insecurity for so many, and build<br />

spaces to discuss practices of well-being and resiliency<br />

within advocacy.<br />

I am excited and grateful to be chairing the 10+<br />

Committee now, in this year of transition. I will<br />

take many lessons from the extraordinary Yola<br />

Ventresca, the 2020-<strong>2021</strong> chair of this Committee,<br />

and much guidance from my co-executive members,<br />

Chloe Snider and Steven Frankel. Our 10+<br />

Committee members hail from across the country,<br />

and we are extremely fortunate to have members<br />

with diverse practice areas and experiences.<br />

Among them is the incredible team at <strong>Advocacy</strong><br />

<strong>Matters</strong> led by Tamara Ramsey. Inside you will find<br />

insightful pieces and interesting interviews.<br />

I look forward to the coming term. Watch your<br />

inboxes for news about our slate of thought-provoking<br />

and meaningful events. In the meantime,<br />

have a safe and restorative summer.<br />

Appellate <strong>Advocacy</strong><br />

Thursday, October 14, <strong>2021</strong><br />

1:00 pm - 4:30 pm (ET)<br />

Live Online<br />

Appellate <strong>Advocacy</strong> will provide you with key insights on how to<br />

capture and maintain the court’s attention and give your client the<br />

best chance for success. Appellate judges and experienced appeal<br />

counsel will share invaluable guidance on how you can improve<br />

your facta drafting, hearing preparation, oral argument and more.<br />

To learn more or register, click here<br />

or visit www.advocates.ca<br />

Smart Advocates<br />

Never Stop Learning<br />

The Bench Speaks<br />

Friday, November 26, <strong>2021</strong><br />

1:00 pm - 4:00 pm (ET)<br />

Live Online<br />

This year we will be bringing you judges from across the country<br />

to share their experiences in an interactive remote forum. We’ll<br />

hear from newly appointed judges and seasoned members of the<br />

Bench about their views on everything from the challenges of daily<br />

life in the pandemic across the country, access to justice, and how<br />

we can take what we’ve learned and improve our judicial system.<br />

To learn more or register, click here<br />

or visit www.advocates.ca<br />

6 7


the journey that mentees are on and noted that<br />

what may appear to be shared experiences can<br />

vary considerably below the surface and do not<br />

guarantee compatibility between a mentor and<br />

a mentee.<br />

EVENT REPORT<br />

Mentoring Across Differences<br />

Lisa Marie Buccella, Aviva Trial Lawyers<br />

In mentoring relationships, the ability to relate is often considered a key ingredient for success.<br />

That focus on relatability, however, comes with its own hazards: if we conflate our ability to relate<br />

with having shared characteristics—whether age, gender, cultural background or otherwise—we<br />

risk developing and learning from people only like ourselves, and in so doing, leaving others out.<br />

Tenured lawyers need to take the lead when it comes to mentoring across differences, creating<br />

the conditions for people from diverse backgrounds to feel included and thrive. On May 3, <strong>2021</strong>,<br />

the Mentoring Committee of The Advocates’ Society’s 10+ Standing Committee presented Mentoring<br />

Across Differences featuring panelists Megan Keenberg of Van Kralingen & Keenberg LLP, Lucas<br />

Lung of Lerners LLP, Jennifer Mathers McHenry<br />

of Mathers McHenry & Co., and Walied Soliman<br />

of Norton Rose Fulbright Canada LLP, and moderated<br />

by Sapna Thakker of Lax O’Sullivan Lisus<br />

Gottlieb. This piece shares some of the key insights<br />

from the event.<br />

Matching is beneficial... but<br />

Matching refers to instances where mentors<br />

and mentees are connected based on shared<br />

characteristics or backgrounds. This can be<br />

beneficial, as junior lawyers see a part of themselves<br />

in their mentor, and where both can connect<br />

through shared experiences. Walied Soliman<br />

spoke of an instance where he was able to<br />

meaningfully counsel a young lawyer on breaking<br />

fast during Ramadan or leaving a meeting<br />

for Friday prayers. Jennifer Mathers McHenry<br />

agreed matching can be important but noted<br />

it is not always available. She emphasized the<br />

importance of mentors seeking to understand<br />

Understand the career journey<br />

Linear career journeys are less common than a<br />

generation ago. In many cases, the career ladder<br />

has been replaced by the jungle gym, and<br />

people enter our profession at different points<br />

in their careers, and with different objectives.<br />

Understanding a mentee’s objectives in the profession<br />

and what they bring to the table is key;<br />

mentors need to be intentional in asking about<br />

career objectives and understanding how mentees<br />

can leverage diverse professional and personal<br />

backgrounds for the benefit of their clients,<br />

organizations, and the profession.<br />

Champion positive behaviors<br />

Jennifer Mathers McHenry noted that there<br />

continues to be a tendency in our industry to<br />

accept behaviors that wouldn’t be accepted outside<br />

of the industry. Shifting attitudes around<br />

work, accelerated by the COVID-19 pandemic<br />

and the #MeToo movement, have changed<br />

what is acceptable—not only tolerance for traditional<br />

“bad behavior” such as sexism, bullying<br />

and harassment but more broadly, behaviors<br />

and practices that compromise worth and wellbeing,<br />

such as inappropriate work-life boundaries.<br />

Lucas Lung noted that it can be challenging<br />

for young lawyers to address uncomfortable<br />

and unacceptable behaviors, while those more<br />

seasoned in the profession have become accustomed<br />

to turning the other way, offering their<br />

mentees sympathy and counselling avoidance<br />

instead of leveraging their credibility to effect<br />

positive change. Especially when mentoring<br />

across differences, understand that it requires<br />

courage for a mentee to discuss concerns of this<br />

nature, and it creates an obligation for mentors<br />

not just to support, but to act.<br />

8 9


THE LEGAL EXPERIENCE<br />

“You Don’t Look<br />

Like a Lawyer!”<br />

Megan Keenberg, C.S.,<br />

Van Kralingen & Keenberg LLP<br />

It was my first ex parte appearance. I spent hours trying to strike the right balance of zealous advocacy<br />

while giving full and frank disclosure. Robed and ready, I introduced myself to the court, “Megan<br />

Keenberg, K-E-E-N-B-E-R-G, first initial M.” The judge addressed me as “Megan” even though<br />

everyone else in court was addressed as “Counsel” or by their surnames. It was jarringly casual<br />

and threw me off a bit, but I regrouped and answered all his tough questions.<br />

My preparation paid off. Order in hand, I ran back to the office triumphant. “I got the Order!”<br />

My principal clasped his hands together, cocked his head to the side and said, “Awww. The judge<br />

thinks you’re pretty!” In an instant, my jubilation<br />

evaporated. All that hard work undermined; the<br />

win discounted. My face fell. “C’mon,” he said<br />

with a light side hug, “I’m joking! Lighten up.” I<br />

bristled, knowing that it would never occur to<br />

him to joke that a male colleague got a favourable<br />

order because he’s handsome. But I didn’t<br />

want to be labelled a whiner, so I brushed it off.<br />

Later that day, I walked into a boardroom for<br />

a meeting where I was the only woman in attendance.<br />

Lead counsel started off the meeting by<br />

cheerily greeting us with “Hello Gentlemen!” as<br />

if I didn’t exist. Ouch. Double ouch coming on<br />

the heels of “Aww, the judge thinks you’re pretty”.<br />

Triple ouch after the judge addressed me by<br />

my given name.<br />

These are microaggressions: casual everyday<br />

slights arising out of the unconscious biases,<br />

assumptions and stereotypes operating behind<br />

the scenes in the speaker’s mind. The speaker<br />

is typically unaware of the sting of these slights<br />

and rarely if ever intends harm. Each one, taken<br />

on its own, may not seem like a big deal, but<br />

cumulatively, their harm is staggering. Studies<br />

have shown significant mental and physical<br />

health effects caused by being relentlessly subjected<br />

to microaggressions. 1<br />

The term “microaggression” was coined by<br />

Harvard psychiatrist Dr. Chester M. Pierce in<br />

the context of studying subtle racism. 2 In subsequent<br />

years, Dr. Derald Wing Sue, a professor<br />

of psychology at Columbia University, broadened<br />

the taxonomy of microaggressions to targets<br />

from any and all marginalized groups. Dr.<br />

Sue defines microaggressions as “the everyday<br />

slights, indignities, put-downs and insults that<br />

members of marginalized groups experience<br />

in their day-to-day interactions with individuals<br />

who are often unaware that they have engaged<br />

in an offensive or demeaning way.” 3<br />

The term “microaggression” has attracted criticism<br />

for two ways in which it is somewhat misleading.<br />

First, the “micro” part of the definition<br />

emphasizes the smallness of an individual slight<br />

but can inadvertently lead people to equate the<br />

‘triviality’ of a single comment with the cumulative<br />

harm of dozens. In isolation, a single microaggression<br />

does not pack the same punch as the<br />

gross and obvious racism and sexism that make<br />

headline news. When we speak up about any<br />

single incident, we are told we are being oversensitive,<br />

that we need to develop a thicker skin.<br />

Take a joke. Lighten up. This narrow focus on<br />

isolated acts or comments diminishes the very<br />

significant cumulative harm that results from<br />

multiple stings. Each small slight is compounded<br />

by the next and the next and the next.<br />

Second, the “aggression” part of the definition<br />

carries its own stigma because it suggests an<br />

intentionality that is typically absent. People become<br />

defensive when called out for a microaggression,<br />

feeling falsely accused of hostility or<br />

intentional racism or sexism. This is a natural<br />

reaction. It is a massive blow to the core beliefs<br />

we hold about ourselves, our values, and our<br />

characters to be so accused, especially when we<br />

10 11


consider ourselves to be fundamentally decent<br />

people, allies or even members of marginalized<br />

groups ourselves. The more we pride ourselves<br />

on being decent and conscientious and inclusive,<br />

the harder it is to accept criticism that threatens<br />

this core belief. As a result, decent people often<br />

tune out discussions about microaggressions,<br />

because they know that they would never intentionally<br />

hurt or offend anyone, and so they feel<br />

these discussions don’t apply to them.<br />

The fact is that all of us – the decent people, the<br />

jokesters, the jerks, the allies, the woke, the marginalized<br />

– all of us are subject to unconscious<br />

bias, we all operate on a set of default assumptions<br />

about others and as a result, we all inadvertently<br />

engage in microaggressions. It’s not<br />

our fault, and it doesn’t mean we harbour secret<br />

hatred. This is a neuroscience issue, not an ideological<br />

one. Our conscious brains do not have<br />

the opportunity to interpret all the information<br />

we take in. For us to perform at high levels as humans,<br />

our brains have developed to permit us to<br />

take shortcuts on decision-making and pattern<br />

recognition. One of those shortcuts is the rapid<br />

and automatic categorization of other people as<br />

being “like me” or “not like me”, and consequently<br />

“in-group” and “out-group”. 4 This is universal<br />

and not indicative of consciously held beliefs or<br />

deep-seated prejudices. That may be easy to accept<br />

intellectually, but the kneejerk defensive reaction<br />

is difficult to overcome.<br />

Drs. Tiffany Jana and Michael Baran have offered<br />

a clearer and more accessible term to describe<br />

what have historically been known as microaggressions,<br />

that may circumvent some of<br />

that kneejerk defensiveness. They use the term<br />

“subtle acts of exclusion” or “SAE”. 5 SAE is clearer<br />

because it is anchored in the unconscious and<br />

automatic in-group/ out-group categorization<br />

our brains perform and it doesn’t inadvertently<br />

minimize the effects of these acts. It is more accessible<br />

because it avoids a blame game, thereby<br />

welcoming more people into the discussion.<br />

In the legal profession, subtle acts of exclusion<br />

are directed toward people who don’t fit<br />

the historic and current narrative of the prototypical<br />

lawyer, which is defined by the dominant<br />

in-group in the profession. Who is the prototypical<br />

lawyer? Indulge me in a thought experiment.<br />

Picture this scene:<br />

It’s a high-profile, high-stakes commercial<br />

case. The Lawyer strides into court, robed<br />

and armed with four banker’s boxes of materials,<br />

confident and calm, a student in tow.<br />

Opposing Counsel nods hello, jots down a<br />

few last-minute notes, then ambles over to<br />

shake hands and exchange pleasantries. A<br />

double knock at the door near the bench signals<br />

the Judge’s entrance. All rise. The Judge<br />

enters, sits; court is in session. The Lawyer<br />

stands to deliver the opening statement.<br />

When this scene played out in your mind’s<br />

eye, who did you picture in the role of the Lawyer?<br />

How about Opposing Counsel? The Judge?<br />

Chances are you pictured senior white men in<br />

all the leading roles. That’s what lawyers look<br />

like, right? Even for those of us who do not<br />

belong to the dominant group - that’s who we<br />

picture. This is the narrative that has taken root<br />

in our collective unconscious.<br />

Many lawyers in Canada fit the prototypical<br />

description. For anyone who does not, there<br />

are thousands of ways in which we are reminded<br />

of our otherness and subtly excluded from<br />

the profession every day. We are repeatedly<br />

told that we “don’t look like a lawyer” both expressly<br />

and tacitly.<br />

In a recent issue of The Advocates’ Journal, Sandra<br />

Barton shared a jarring story illustrative of<br />

her experience as a Black woman on Bay Street.<br />

Ms Barton parked her car in the underground<br />

parkade beneath the tower that housed Heenan<br />

Blaikie, where she was a partner. A parking attendant<br />

told her that she couldn’t park there<br />

because it was reserved for ‘Heenan Blaikie employees’.<br />

In the parking attendant’s mind, Sandra<br />

Barton did not look like a lawyer. As she<br />

eloquently observed:<br />

[D]espite the fact that I was dressed in business<br />

attire, standing in the parking lot of a downtown<br />

skyscraper, and being a well-spoken<br />

woman many years his senior, he had made<br />

assumptions about who I was, or more importantly,<br />

about who I could not possibly be. 6<br />

Even as the profession continues to evolve<br />

and embrace diversity, there remain latent assumptions<br />

about race and gender that undermine<br />

meaningful inclusion for racialized and<br />

women lawyers. Lawyers from across Canada<br />

shared their SAE stories with me, on the condition<br />

of anonymity. These are their stories.<br />

One lawyer shared a litany of experiences,<br />

demonstrating the persistent crackle of SAE<br />

that permeates his day-to-day practice:<br />

A senior partner often referred me to as the<br />

“skinny Indian fellow”.<br />

I used the term “puck ragging” with a client.<br />

He later told the senior partner that I was a<br />

“good Canadian” because I knew hockey slang.<br />

At a meeting to discuss business development,<br />

I was told to focus my efforts on Brampton.<br />

A colleague asked me if the mauli on my wrist,<br />

which Hindus wear after religious festivals, was<br />

a friendship bracelet.<br />

After seeing me with a BIPOC client, a colleague<br />

asked if my family was visiting the office.<br />

The assumptions underlying these comments<br />

skew our sense of merit-based success,<br />

leading to a backlash against inclusion efforts<br />

that further disenfranchises lawyers from marginalized<br />

groups:<br />

A partner’s son was applying for law school<br />

but had been rejected by his school of choice<br />

despite having a strong academic background.<br />

In the context of discussing his experience, the<br />

lawyers casually commented that the reason<br />

for his rejection was because he was white, and<br />

schools nowadays were placing a premium on<br />

“diverse” candidates. I felt that my experiences<br />

were dismissed by that single comment. It belied<br />

the reality that law schools are still woefully<br />

inadequate in accepting diverse candidates,<br />

and that students like me have had to overcome<br />

higher hurdles in order to even compete<br />

with candidates like the partner’s son. Moreover,<br />

I couldn’t help but think that perhaps I<br />

myself was this “diversity” hire.<br />

Subtle acts of exclusion based on assumptions<br />

12 13


about gender are also far more prevalent among<br />

the bench and bar than many realize. There<br />

seems to be a pervasive shortcut that people in<br />

the profession default to, which is that women<br />

hold support positions rather than leading roles<br />

in law. Women lawyers are habitually mistaken<br />

for administrative staff, even by other women:<br />

When I had been at my firm for a few years,<br />

I attended one of our work parties. We invite<br />

retired staff, lawyers, and assistants to attend,<br />

and they do. One of the retired staff was there<br />

and when she saw/met me, she asked: “So,<br />

which lawyer do you work for?”, assuming of<br />

course that I was an assistant.<br />

Women in the profession are also made invisible<br />

by defaulting to male-oriented language.<br />

We are not included in the “Hello Gentlemen”<br />

greeting. We are not and can never be members<br />

of the “Old Boys’ Club”. We can never be<br />

tested by trials that “separate the men from the<br />

boys”. We are not one of the “guys”. This comes<br />

out even more subtly when reference is made<br />

to male-oriented accoutrements that are not<br />

necessarily shared with women:<br />

In an educational seminar, the Judge speaking<br />

tells lawyers that it is important to keep<br />

up decorum by continuing to wear a “jacket<br />

and tie”. The assumption being that all lawyers<br />

are male - with reference to suit and<br />

tie. Reference should be to business attire.<br />

Women do not wear a jacket and tie - this<br />

phrase make us “invisible”.<br />

Women in law must also contend with a<br />

multitude of assumptions based on family<br />

status and household roles. A senior lawyer<br />

shared her chagrin at a male associate’s comment<br />

following her promotion to Of Counsel.<br />

He characterized her elevated position as the<br />

“mommy track”.<br />

Another lawyer, who is one half of a well-respected<br />

legal power couple, expressed dismay<br />

that she fields all the questions from colleagues<br />

about work / life balance, but her husband is<br />

never asked how he manages to juggle a busy<br />

practice while raising three kids. The assumption<br />

is that she, as the mother, bears primary<br />

responsibility for child-rearing, while he is free<br />

to focus on his career.<br />

These assumptions persist regardless of actual<br />

family status. A single, child-free family lawyer<br />

shared with me that often when she is in a<br />

meeting or a mediation that runs past the end<br />

of business, she is asked whether she needs to<br />

call her husband before agreeing to stay late.<br />

The unspoken assumption is that she must have<br />

household responsibilities that a man is relying<br />

on her to perform, so she needs his permission<br />

or approval to work.<br />

These types of assumptions about division of<br />

household labour responsibilities factor into<br />

perceptions of working mothers’ commitment<br />

to their practice and their worth to their firms.<br />

As one working mother shared:<br />

[The] regional chair of litigation in my first<br />

annual evaluation following return from mat<br />

leave insist[ed] that I should enter into an alternative<br />

work arrangement and take a pay<br />

cut to reflect the lower hours in the first year<br />

following my return from mat leave “for my<br />

own good”.<br />

A lot of the gendered acts of exclusion seen<br />

in the legal profession could easily be conflated<br />

with junior status. Junior women are routinely<br />

advised not to take offense to various SAE as<br />

they are simply part of the dues-paying that<br />

all junior lawyers are subjected to, regardless<br />

of gender. Yet, while our male counterparts<br />

are permitted to grow out of their dues-paying<br />

apprenticeships, women are often expected<br />

to continue to perform non-legal work as they<br />

become more senior. Many women lawyers described<br />

situations where they were expected<br />

to perform “secretarial” tasks such as note-taking<br />

or running blacklines, fetching coffee, and<br />

making photocopies, or non-billable firm work<br />

such as party-planning and recruitment. As one<br />

woman observed:<br />

At first I brushed it off as “junior” work but as I<br />

became more senior as a lawyer, the expectations<br />

stayed the same. After I made partner, a<br />

younger male associate casually asked me to<br />

take notes in a client meeting – with my client.<br />

The anecdote I shared off the top about the<br />

judge addressing me by my given name is not<br />

an isolated event. I have frequently been addressed<br />

as “Megan” in court by bench and bar<br />

alike, as my learned friends are dignified with titles<br />

and surnames. This is oddly infantilizing and<br />

suggestive of a lesser position. As irksome as it<br />

is, I have never called anyone out for doing so,<br />

because my concerns about alienating the judge<br />

and jeopardizing my client’s case will always outweigh<br />

my own discomfort in the moment.<br />

Similarly, outside of court, it can be difficult to<br />

pipe up about SAE in firms, meetings or at events.<br />

Often the comments come and go so quickly and<br />

casually that there doesn’t seem to be an opportunity<br />

to examine them. Sometimes they knock<br />

the wind right out of our sails and we can’t think<br />

of a good comeback. Then the moment passes,<br />

and we downplay the incident even to ourselves<br />

with unhelpful self-talk (lighten up, take a joke,<br />

don’t be so sensitive, it’s no big deal.)<br />

The crushing thing about this is that the people<br />

who unknowingly hurt us with these subtle<br />

acts of exclusion are our friends, our colleagues,<br />

our clients, and our mentors. We know that they<br />

are well-intentioned decent people, and it’s uncomfortable<br />

to confront a colleague who may<br />

react defensively. We can’t risk the fallout if we<br />

dare to call out the person who signs our paycheques<br />

or allocates work. We want to preserve<br />

our relationships. We want to be seen as team<br />

players who can take a joke. We don’t want to be<br />

labelled a whiner or dismissed as being ‘oversensitive’.<br />

For the few of us who dare speak up,<br />

it’s exhausting to take on the burden of managing<br />

another’s emotional reaction while we ourselves<br />

are hurting. It’s exhausting to take up the<br />

mantle of changing mindsets. These burdens<br />

are disproportionately placed on the shoulders<br />

of lawyers who are already marginalized.<br />

All of us can help ease these burdens in two<br />

ways: first, we can audit and challenge our<br />

own underlying assumptions with a view to<br />

minimizing the SAE we unconsciously perpetrate;<br />

and second, we can take on the burden<br />

of identifying and disarming SAE on behalf of<br />

others as allies.<br />

Self-auditing is literally the least we can do.<br />

As litigators we are experts in critical thinking<br />

and analysis. We can and must turn these superpowers<br />

on ourselves. A useful heuristic is to<br />

simply ask yourself: Would I say that to a white<br />

man? Would you refer to a white lawyer as “the<br />

skinny white fellow”? Would you insist that a<br />

new father returning from parental leave take<br />

14 15


a pay cut and reduced hours<br />

“for his own good”? Would you<br />

congratulate a male lawyer on<br />

a favourable result in court by<br />

telling him that the judge must<br />

have found him handsome?<br />

Would you address a mixed-gender<br />

group with “Hello Ladies”? If<br />

it sounds ridiculous to say these<br />

things to white men, then it is<br />

also ridiculous to say them to<br />

women and racialized lawyers.<br />

We need to also step up as allies<br />

when others are not able<br />

to correct their own SAE with<br />

self-reflection. Diane Goodman,<br />

a social justice and diversity consultant,<br />

offers a roadmap of microinterventions<br />

that can be used<br />

to great effect by bystanders to<br />

gently educate those who are unwittingly<br />

engaging in SAE without<br />

making them defensive or risking<br />

a rupture of the relationship.<br />

These microinterventions are<br />

particularly effective and persuasive<br />

when undertaken by someone<br />

in the same group as the<br />

commenter. This is how we can<br />

create a more inclusive norm in<br />

the legal profession:<br />

This much is clear: the face of<br />

the legal profession is changing<br />

and will continue to change. For<br />

anyone who needs to hear it, if<br />

you’ve passed the bar, you look<br />

like a lawyer.<br />

RESTATE OR PARAPHRASE.<br />

“I think I heard you<br />

saying____________<br />

(paraphrase their comments).<br />

Is that correct?”<br />

PRETEND YOU DON’T<br />

UNDERSTAND.<br />

As people try to explain their<br />

comments, they often realize how<br />

silly they sound. “I don’t get it…….”<br />

“Why is that funny?”<br />

ASK FOR CLARIFICATION<br />

OR MORE INFORMATION.<br />

“Could you say more about<br />

what you mean by that?”<br />

“How have you come to<br />

think that?”<br />

SHARE YOUR OWN PROCESS.<br />

“I noticed that you ___________<br />

(comment/behavior). I used<br />

to do/say that too, but then I<br />

learned____________.”<br />

USE HUMOR.<br />

Exaggerate comment, use gentle<br />

sarcasm. “She plays like a girl?<br />

You mean she plays like Serena<br />

Williams?”<br />

CHALLENGE THE STEREOTYPE.<br />

Give information, share your own<br />

experience and/or offer alternative<br />

perspectives. “Actually, in my<br />

experience__________________.”<br />

“I think that’s a stereotype. I’ve<br />

learned that_______________.”<br />

APPEAL TO VALUES AND<br />

PRINCIPLES.<br />

Notes<br />

“I know you really care about<br />

_________. Acting in this way really<br />

undermines those intentions.” 7<br />

SEPARATE INTENT FROM<br />

IMPACT.<br />

“I know you didn’t realize<br />

this, but when you __________<br />

(comment/behavior), it<br />

was hurtful/offensive<br />

because___________. Instead<br />

you could___________ (different<br />

language or behavior.)”<br />

1. See e.g., Nadal, K.L., (2018) Microaggressions and Traumatic<br />

Stress: Theory, Research and Clinical Treatment, American Psychological<br />

Association<br />

2. Pierce, C. (1970). Offensive mechanisms. In F. B. Barbour<br />

(Ed.), The Black seventies (pp. 265–282). Boston, MA: Porter<br />

Sargent.<br />

3. Sue, D.W. & Spanierman, L. B. (2020), Microaggressions in Everyday<br />

Life (2 nd Ed.) Hoboken, NJ: Wiley<br />

4. See e.g., Agarwal, P. (2020), Sway: Unravelling Unconscious<br />

Bias (Bloomsbury Signma).<br />

5. Jana, T. & Baran, M. (2020), Subtle Acts of Exclusion: How<br />

to Understand, Identify, and Stop Microaggressions (Berrett-Koehler).<br />

6. Barton, S. (<strong>2021</strong>), Uncensored: The Black, female advocate on Bay<br />

Street, The Advocates’ Journal Vol. 40, No.1; <strong>Summer</strong> <strong>2021</strong> [emphasis<br />

in original].<br />

7. Excerpted from Goodman, D. (2011) Promoting Diversity and<br />

Social Justice: Educating People from Privileged Groups. New<br />

York: Routledge.<br />

16 17


Women in Litigation<br />

Symposium (Ontario)<br />

Friday, October 29, <strong>2021</strong><br />

9:00 am - 1:00 pm (ET)<br />

Live Online<br />

The Pandemic has shed light on some of<br />

the unique challenges faced by women in<br />

the legal profession. In the last two years,<br />

you may have also taken on the role of<br />

caregiver, teacher, coach, therapist and<br />

nurse while still trying to grow a successful<br />

litigation practice.<br />

The Advocates’ Society’s award-winning<br />

biennial Women in Litigation Symposium<br />

is returning this Fall to discuss and explore<br />

how we can be better allies and champions<br />

for ourselves and one another.<br />

Women litigators and judges will assemble<br />

from across Ontario to discuss the ways we<br />

can all improve the practice of law for women<br />

moving forward, together. Join us to receive<br />

candid advice and practical strategies for<br />

enhancing your life and practice as a litigator.<br />

All cis women, trans women and non-binary<br />

litigators who are comfortable in a space that<br />

centres the experiences of women litigators<br />

are welcome to attend this Symposium.<br />

To learn more or register, click here<br />

or visit www.advocates.ca<br />

ROUNDTABLE<br />

Participating in the Modern<br />

<strong>Advocacy</strong> Task Force<br />

Featuring Steven Frankel,<br />

Davies Ward Phillips & Vineberg LLP,<br />

Frédéric Plamondon, Osler, Hoskin & Harcourt LLP,<br />

and Chloe Snider, Dentons<br />

Compiled by Tamara Ramsey,<br />

Dale & Lessmann LLP<br />

The final report of the Modern <strong>Advocacy</strong> Task Force (MATF) was released on June 14, <strong>2021</strong>. The<br />

Advocates’ Society established the MATF just over a year earlier. The Task Force’s ambitious goal<br />

was to offer recommendations for the reform of the Canadian justice system based on the best<br />

measures adapted by the courts during the COVID-19 pandemic and other measures designed to<br />

ensure meaningful and substantive access to justice. The work of MATF included historical and<br />

cross-jurisdictional research, consulting with an advisory panel of some of the most respected<br />

jurists and counsel in Canada and holding virtual symposia across Canada to gather insights from<br />

members of the profession. The final report offers significant background information and analysis<br />

to assist in the modernization of the justice system.<br />

19


Steven Frankel, Davies Ward Phillips & Vineberg LLP<br />

Frédéric Plamondon, Osler, Hoskin & Harcourt LLP<br />

We connected with three TAS members, Chloe<br />

Snider, Steven Frankel and Frédéric Plamondon,<br />

who were involved in the MATF, to get their insights<br />

into the work of the Task Force and the<br />

Final Report.<br />

What was your involvement in MATF, and<br />

what did you find interesting about it?<br />

FP: I was mainly involved with the History & Major<br />

Jurisprudence/Writing Research Sub-Committee.<br />

I recall that when I first joined this Task<br />

Force, I was biased towards preserving advocacy<br />

in much of its present form, although I was<br />

certainly open to incremental modernization,<br />

in particular with our courts in Québec. We really<br />

saw our role within this initiative as ensuring<br />

that the discussion was informed by a solid<br />

understanding of history and took into account<br />

any important jurisprudence. It was extremely<br />

interesting to rebuild the story behind the tradition<br />

of oral advocacy, which dates back more<br />

than 2,000 years to the ancient civilizations of<br />

the Mediterranean!<br />

CS: I was also involved in researching the foundations<br />

of oral advocacy in Canadian and Western<br />

history and jurisprudence, to look at the<br />

development of the importance of our right to<br />

an oral hearing. I was struck by the lack of clear<br />

legislation either in Canada or in the United<br />

Kingdom that expressly provides for the right to<br />

an oral hearing. Rather, the basis for this right<br />

is developed in the common law, particularly in<br />

the administrative law context based on principles<br />

of equity and justice.<br />

SF: I was part of a small group of Task Force<br />

members who engaged with stakeholders<br />

across the country. Our job was to ensure<br />

that the views of advocates and members<br />

of the judiciary from coast-to-coast-to-coast<br />

concerning the future of oral advocacy in Canada<br />

were properly considered. My particular<br />

responsibility was to identify and interview<br />

advocates from a range of seniority levels<br />

and practice areas in Québec. I really enjoyed<br />

meeting with colleagues in Québec that otherwise<br />

I probably would not interact with – including<br />

members of the criminal defence bar<br />

– and listening to their different perspectives<br />

on what is and is not working with respect to<br />

oral advocacy and the administration of justice<br />

during the pandemic.<br />

Please describe something from the Final<br />

Report that resonated with you.<br />

FP: Other than the 408 footnotes contained in<br />

the 119-page report, one thing that resonated<br />

with me is that we, our profession, were able to<br />

rethink, in an expedited fashion, the entire legal<br />

system on a national and harmonized basis, all<br />

in the context of an unprecedented pandemic.<br />

For me, what transcends this report is the richness<br />

of our civil and common law history behind<br />

oral advocacy, and the openness of advocates<br />

and judges to meaningful changes to the legal<br />

system, with the common objective to preserve<br />

access to justice.<br />

SF: There is a broad consensus that in-person<br />

oral advocacy still plays – and must continue<br />

to play – a vital role in our justice system. Yes,<br />

we have all adapted to the pandemic and know<br />

how to conduct examinations and deliver submissions<br />

via Zoom (or similar platforms). But<br />

remote advocacy, as good a substitute as it is,<br />

is not a long-term solution for resolving significant<br />

disputes. This is particularly true in criminal<br />

matters. To paraphrase Sir Robert Megarry: the<br />

most important person in a courtroom is the litigant<br />

who is about to lose. It is critical that that<br />

person feels they have had a “fair crack at the<br />

whip”. The loser may not feel they have had a<br />

fair shot if their case cannot be presented, and<br />

the other side’s case tested, live and in-person<br />

in front of a judge or jury.<br />

Chloe Snider, Dentons<br />

20 21


CS: One thing that resonated with me was about<br />

how we engage with oral argument – both as the<br />

lawyer in distilling and fine-tuning one’s argument<br />

before the hearing, and as the judge in learning<br />

about the case, including the applicable law. The<br />

speaker is forced to learn the material more deeply<br />

and the learner becomes more engaged. Sometimes<br />

it is nice when someone makes a presentation<br />

and teaches you something, as opposed to<br />

learning everything by reading.<br />

How do you see the work of MATF influencing<br />

advocacy in the future in the courts/tribunals<br />

in which you practise?<br />

SF: I hope the Report will spur discussions<br />

among not only members of the bar and judiciary,<br />

but also policymakers in government who<br />

ultimately control the purse-strings for our justice<br />

system. Everyone knows that there is significant<br />

work to be done to improve access to justice,<br />

as well as to dispense justice more quickly<br />

in both criminal and especially civil matters. It<br />

is also obvious that technology and the use of<br />

remote hearings, if deployed smartly and appropriately,<br />

are important tools. Ensuring that<br />

those tools are available across Canada will require<br />

a serious financial commitment.<br />

CS: Hopefully the work of the MATF will lead<br />

counsel to evaluate on a case-by-case/hearing-by-hearing<br />

basis what type of hearing is necessary.<br />

For example, routine scheduling matters,<br />

like Civil Practice Court in Toronto, are a<br />

great fit for virtual hearings (in my view!). A trial<br />

is likely better in person when circumstances allow.<br />

I think the matrix set out in the report (the<br />

Model Framework for Determining the Mode of<br />

Hearing) is very helpful. The factors include:<br />

(1) whether the step is a significant step in<br />

a proceeding, which includes considerations<br />

such as whether the hearing is dispositive,<br />

whether the order sought may impact on<br />

the liberty of a litigant, and the complexity<br />

of the matter,<br />

(2) proportionality, fairness and efficiency,<br />

as well as<br />

(3) other factors such as the importance of<br />

the open court principle, the nature and<br />

complexity of the issues to be determined,<br />

the relative impact to the parties, witnesses<br />

and counsel, concerns about safety and<br />

security, whether a matter relates to an Indigenous<br />

person or group, access to justice<br />

considerations and the importance of the<br />

matter to the public interest and administration<br />

of justice.<br />

I hope that it will be a useful tool for counsel.<br />

FP: As Chloe mentioned, the Final Report includes<br />

a very detailed Model Framework for<br />

Determining the Mode of Hearing which can be<br />

applied to any type of file in both our civil and<br />

common law systems. The Final Report concludes<br />

with eight recommendations, and I invite<br />

all advocates to read them (it is only two pages).<br />

For me, one thing that we have been discussing<br />

for the past few years is the use of technology<br />

in courts, which is also addressed in the recommendations.<br />

I think that the combination of the<br />

“matrix” and the recommendations should lead<br />

to permanent electronic service and filing in all<br />

courts in all jurisdictions. This would include<br />

making all materials filed with the court available<br />

online to the public without fee and in fully<br />

searchable format (with appropriate confidentiality/privacy<br />

protections when appropriate).<br />

Gain the Edge!<br />

Negotiation Strategies for Lawyers<br />

Wednesday, September 29, <strong>2021</strong> | 1:00 pm - 4:00 pm (ET) | Live Online<br />

Featuring renowned negotiation<br />

expert Martin E. Latz.<br />

Renowned negotiation expert Martin E. Latz,<br />

Founder of the Latz Negotiation Institute<br />

(www.latznegotiation.com), has trained over<br />

100,000 lawyers and business professionals<br />

around the world to more effectively negotiate,<br />

including in Bangkok, Beijing, Brussels, Hong<br />

Kong, London, Prague, Seoul, Shanghai, and<br />

Singapore. An Adjunct Professor – Negotiation<br />

at Arizona State University College of Law from<br />

1995 to 2005, Latz has also negotiated for the<br />

White House nationally and internationally<br />

on the White House Advance Teams. Latz -<br />

a Harvard Law cum laude graduate – is the<br />

author of Gain the Edge! Negotiating to Get<br />

What You Want and The Real Trump Deal: An<br />

Eye-Opening Look at How He Really Negotiates<br />

(www.RealTrumpDeal.com). He has also<br />

appeared on CBS, MSNBC, CNN, FOX and in<br />

POLITICO, USA Today, The Globe and Mail, The<br />

Economist, and many other publications.<br />

This advanced negotiation seminar will increase your arsenal of strategies, techniques and tactics and help<br />

you further develop the strategic mindset that’s at the heart of successful negotiation.<br />

You Will Learn:<br />

• Latz’s 5 Golden Rules of Negotiation<br />

• Strategies to get past “No” – if all<br />

appears lost<br />

• Ways to gain leverage when<br />

seemingly powerless<br />

• Deadline and timing tips – manage them<br />

to gain the edge<br />

• When to hold – and when to fold<br />

Testimonial:<br />

Would recommend without hesitation<br />

“I could not have enjoyed this session more. Engaging and<br />

practical. Great lecturer. Would recommend others attend<br />

without hesitation.”<br />

Eligible CPD Hours:<br />

This program contains 0.5 hour(s) of Professionalism content,<br />

and is eligible for up to 2.5 hours of Substantive content.<br />

This organization has been approved as an Accredited Provider of Professionalism<br />

Content by the Law Society of Ontario.<br />

22<br />

To learn more or register, visit<br />

www.advocates.ca


Q. What is your vision for your term as President? What are your priorities?<br />

A. In the lead-up to my presidency I have heard a consistent message from our members: after<br />

more than a year of physical distancing and travel restrictions we want to see each other again.<br />

Maintaining a strong, connected and inclusive community of advocates as we emerge from the<br />

pandemic is a critical part of the vision for the coming term. Holding in-person events across the<br />

country as soon as circumstances permit is a priority.<br />

The Society and our profession are in a period of transformation. How we practice as advocates<br />

and deliver services to our members has fundamentally changed and will continue to change. The<br />

Society recently released its report of the Modern <strong>Advocacy</strong> Task Force, The Right to be Heard: The<br />

Future of <strong>Advocacy</strong> in Canada. We intend to pursue and promote the recommendations in the Report<br />

with a view to ensuring that future changes to our practice before the Courts improve access<br />

to justice and advance the quality and efficiency of our justice system.<br />

INTERVIEW<br />

Interview with<br />

incoming TAS President,<br />

Deborah E. Palter<br />

Compiled by Michelle Alton,<br />

Tribunal General Counsel<br />

In this special <strong>Summer</strong> Edition interview, <strong>Advocacy</strong> <strong>Matters</strong> sits down with new TAS President<br />

Deborah E. Palter. Deborah is a partner and commercial litigator at Thornton Grout Finnigan LLP<br />

in Toronto.<br />

Q. What role do you see 10+ members and members generally playing in the work of TAS?<br />

A. Members are the lifeblood of the Society. 10+ advocates are the great connectors. They often<br />

act as articling principals and mentors to those in the earlier stages of their career while working<br />

closely with the most senior members of our profession. They tend to be early adopters of technology<br />

and lead efforts to implement technological efficiencies to practice that benefit all of us.<br />

The 10+ Standing Committee has played a critical role in collaborating with the various board<br />

committees and task forces, in providing support and community to mid-career advocates, and<br />

in promoting the work of The Society. The 10+ collaboration with the Young Advocates Standing<br />

Committee (YASC) in developing and recording segments for the popular TAS podcast “Friends<br />

Who Argue” in particular was genius. And I love the name! The podcast is an important vehicle for<br />

communicating and connecting with our members at a time when it has been so challenging to<br />

stay in touch. I enjoy hearing other advocates’ stories and look forward to hearing more conversations<br />

in the coming term.<br />

What does TAS mean to you? What do you want it to mean for TAS members and the<br />

profession generally?<br />

The Society has always been well known to me as the voice of advocates speaking out on important<br />

issues related to access to justice and the administration of justice. Membership gave me the<br />

opportunity to become involved in advocacy issues outside my practice area and to be part of a<br />

larger national community of advocates. It has been very fulfilling to teach skills training, moderate<br />

professional development panels and work on interventions and policy submissions that affect our<br />

profession and practice – and to do it with so many interesting and engaging people. It has kept my<br />

engines revving over the years.<br />

I want TAS to be a place where its members enjoy a similar strong sense of community from<br />

involvement in the Society’s programs, skills training and social events, and that our work together<br />

continues to be recognized as crucial to facilitating the continued modernization of our<br />

justice system as we emerge from the pandemic.<br />

24 25


Q. What are your thoughts on the future of the profession?<br />

A. The pandemic required an immediate shift to a virtual platform that brought much needed<br />

technological advances to our justice system and provided a necessary vehicle for hearing cases<br />

when there were no other options. This shift was successful in a time of crisis because of the extraordinary<br />

effort, creativity and adaptability of advocates, judges, court and legal staff.<br />

While our profession has now largely adapted to working on a virtual platform, the change in<br />

how we practise as advocates is not over. Questions about how to enhance the quality of justice in<br />

our country will be asked and answered in an environment where virtual and in-person advocacy<br />

are both possible.<br />

I’m very optimistic that the effort, creativity and adaptability we saw at the height of the pandemic,<br />

combined with the greatly expanded options for virtual and in-person hearings, will advance<br />

access to justice in ways we could not have contemplated two years ago. We have a much wider<br />

range of choice in the manner in which we administer justice in this country than we did before<br />

the pandemic. It will be important that we consider the long term consequences of recommended<br />

changes to our profession and the administration of justice, and that we proceed wisely. Changes<br />

to the way in which we practice and the way in which cases are heard over the next year or so<br />

could stick.<br />

Examinations for Discovery:<br />

Building Block Series<br />

Block 1: Theory, Strategy and Preparation (Plenary Session)<br />

Friday, October 22, <strong>2021</strong><br />

Block 2: Discovery Questions and Techniques (Plenary Session)<br />

Tuesday, November 16, <strong>2021</strong><br />

Block 3: Conducting an Effective Discovery (Skills Workshop)<br />

Tuesday, December 14, <strong>2021</strong><br />

Block 4: Using Discovery Transcripts at Trial (Plenary + Skills)<br />

Thursday, January 20, 2022<br />

Q. What have you missed the most during the pandemic?<br />

A. I’ve missed the company of family and friends. I’ve missed unwinding with other advocates<br />

over coffee or lunch. While there may be a work-related purpose to these get-togethers, they also<br />

provided a critical release valve for the pressures of practice. I’ve missed all the chance encounters<br />

in a day, whether in the hallways of the underground, the line-up at the sandwich place or<br />

some pre-dinner cocktail event. I’ve also missed courtroom advocacy and all it entails.<br />

And I’ve really missed seeing TAS members across the country and look forward to a time when<br />

I can get on a plane, see the people I’ve been video conferencing with this past year and meet new<br />

people too. I hope it won’t be long!<br />

Meet the rest of the <strong>2021</strong>-2022<br />

TAS Executive Committee and Board here<br />

Discoveries are high-stakes advocacy. An effective discovery<br />

will help you optimize settlement or strengthen your case for<br />

trial. Don’t leave your discovery skills to chance.<br />

In this highly-anticipated new Building Block series<br />

on discoveries, seasoned litigators and judges<br />

will break down their most effective discovery<br />

techniques over four sessions, providing you<br />

with the tools, tips and strategies you need<br />

to get the most out of your next discovery.<br />

Developed by renowned litigators<br />

Sandra Barton and Tom Curry – both<br />

recipients of TAS's Excellence in<br />

Teaching Award - and in consultation<br />

with members of our Young Advocates’<br />

Standing Committee, this interactive<br />

and practical series will help take your<br />

discovery skills to the next level.<br />

To learn more or register,<br />

visit www.advocates.ca<br />

26


The Litigator’s Guide to the Business of Law<br />

May 26, <strong>2021</strong> | Live Online<br />

Brian Kolenda, Lenczner Slaght, Joseph F. Burke, Cox & Palmer, Jacqueline L. King, Shibley Righton LLP,<br />

28<br />

Monique Jilesen, Lenczner Slaght and David Milosevic, Milosevic Fiske LLP<br />

29


End of Term TM <strong>2021</strong><br />

June 17, <strong>2021</strong> | Live Online<br />

Deborah E. Palter, Thornton Grout Finnigan LLP<br />

30 31<br />

The Hon. Justice Suzanne Côté, Supreme Court of Canada<br />

The Force Majeurs


An Advocates’ Guide to the Calgary Indigenous Court<br />

June 21, <strong>2021</strong> | Live Online<br />

Andrea Menard, Law Society of Alberta<br />

Jessica Buffalo, Legal Aid Alberta<br />

Adam Drew, Alberta Justice, Crown Prosecutor’s Office<br />

Gerald Sitting Eagle, Blackfoot Elder<br />

32 33


Trial and Error: Lessons Learned From Career Mistakes<br />

July 6, <strong>2021</strong> | Live Online<br />

Mary J. Paterson, Osler, Hoskin & Harcourt LLP<br />

Greg Richards, WeirFoulds LLP<br />

The Honourable Justice Mahmud Jamal , Supreme Court of Canada<br />

34 35


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www.advocates.ca

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